SERBY v. NEW YORK CITY DEPARTMENT OF EDUCATION

2014-09801, Index No. 32502/09.

134 A.D.3d 798 (2015)

20 N.Y.S.3d 629

2015 NY Slip Op 09088

ANNE M. SERBY, Appellant, v. NEW YORK CITY DEPARTMENT OF EDUCATION et al., Respondents, et al., Defendant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided December 9, 2015.


Ordered that the order is affirmed, with costs.

In support of that branch of their motion which was for summary judgment dismissing the complaint insofar as asserted against them, the defendants New York City Department of Education, City of New York, and Riva W. Madden, also known as Riva W. Smith (hereinafter collectively the city defendants), established prima facie, that they did not owe the plaintiff a special duty under the "public duty rule" (Valdez v City...

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